8 U.S. Code § 1182 (14)(f) Suspension of entry or imposition of restrictions by PresidentWhenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

Yeah the only way they can make the EO illegal and unconstitutional is to shoot down USC. The issue is, it has been used in the past and it is completely constitutional! If he wanted to ban all Muslims he could and congress would be the ones to act not the judicial branch.

This was a big over reach but there again... A smart lawyer can use it against them if it stands. Abortion will fall.

The ninth circuit court has a long history of making their decisions based on political ideology. They are the most overturned court in America. If this goes to the Supreme Court, they will be overturned again.

Tahuyaman wrote:The ninth circuit court has a long history of making their decisions based on political ideology. They are the most overturned court in America. If this goes to the Supreme Court, they will be overturned again.

I think so too. SCOTUS will defer to the executive in these matters. And the EO is based on existing law; it did not create law (Obama's problem with EOs).